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The Lighting Industry: A Transforming Global Industry
A Legal History
Lauren Foisy | Ann Marie Puente | Hansel Noriega | Rodrigo Jardim | Ali Akbar Sahiwala | Lia Wang
Light
Evolution 1800
Lighting Industry Landscape
Analyzed within a Triple Bottom Line Framework:
PEOPLE PLANET PROFIT
• Ecosystem Protection
• Energy Efficiency and
Carbon Emission Reduction
• Enjoyment of Land
• Safety/Security Issues• Warranty Claims
• Product Liability
• Efficiency Savings
People
The proliferation of outdoor light use, particularly light projecting into the night skies, has developed into a relatively new area of environmental degradation – light pollution.
Nuisance law traditionally protected the right of a landowner or occupier to the
use and enjoyment of property, while trespass provided compensation for
un- permitted physical intrusion upon property rights.
Private vs. Public Nuisance
Private Residence Security Lights vs. Sports Stadiums
In either type of nuisance claim, however, the inconsistency and insufficiency of
court holdings across jurisdictions does not seem adequate to deal with the
modern problem of light pollution.
Nuisance (Tort law) and Trespass of Light (Property law)
Most towns have zoning by laws with some provisions related to lighting,
intended to avoid nuisance conditions such as bright light from
commercial properties spilling onto residential properties.
Zoning must merge safety, quality of life (stars/tourism), health and
cost efficiency.
Municipal Codes: Zoning
On July 30, 2014, a Texas state jury awarded $27 million to families. They asserted claims for negligence and
premises liability.
City not granted sovereign immunity for Negligent Security case - liable for $1million plus
(inadequate lighting, etc).
Safety & Security
- bloomberg.com
Planet
“60% of the world’s population has never seen the Milky Way.”
NocheZero Manifesto
Planet – Dark Sky Legislation
The majority of legislation for reducing this relatively new type of
pollution largely exists at the county and municipal levels.
Various states have implemented Dark Sky Legislation for different
reasons – astronomers, energy conservation, minimize glare, preserve
nature, etc.
Arizona, Connecticut, Maine, Michigan, New Mexico and Texas have
state statutes that in some way regulate the use of light within all or part
of the state.
ENERGY INDEPENDENCE AND SECURITY ACT OF 2007 (EISA)
Energy Building Codes: LEED, ASHRAE, DOE
President George W. Bush signed the Energy Bill Act in December 2007.
The energy policy will allow the country to move towards better
efficiency, enabling the U.S. to become more energy independent.
U.S. legislation requires:
○ First - set energy efficiency standards for light bulbs.
○ Second - requires light bulbs to be 60-70% more efficient.
Planet - Energy Efficiency
Profit
- Forbes.com
Retrofitting
Warranty claims are being contested; claims of lasting 25,000 to 50,000
hours and emitting as much light as incandescent bulbs.
September 2010 FTC filed against CA company alleging LED bulbs produced
significantly less (major issue if they are so expensive to start out with).
Product Liability: LED bulbs pose fire risk
CALiPER (DOE Commercially Available LED Product Evaluation and Reporting
Program) revealed large percentage of LED lighting products on the market fail
short of manufacturer's claims.
Technology Issues
Future Implications
Several manufacturers are focusing on selling software to control and
monitor LED networks from a central command center or smartphones.
Philips launched CityTouch management software in 2011 to monitor
energy consumption, spot failed lights and dim or brighten each.
Philips now collects an undisclosed amount of annual service fees from
260 lighting-project owners in 31 countries.
Lighting Business Strategies
Effects on the Ecosystem
Will Policy be changed
based on these
implications?
New York’s $76 million project will be the largest in the country: replacing all streetlights by 2017. City officials expect to reap $14 million in energy and maintenance spending per year.
Transitioning to a smart city
Branding Cities with Lighting: NYC
Mayor Bloomberg and Transportation Commissioner announced in Oct
2013, that all 250,000 standard street light fixtures in New York City will be
replaced with energy-efficient LEDs by 2017.
The Administration’s long-term sustainability program called PlaNYC, aims
to reduce greenhouse gas emissions from City government operations
by 30 percent. LED replacements will help achieve such goals.
Cities and businesses want more light everywhere for commercial and safety reasons, but our decades-long saturation bombing of the darkness is blowing holes in electricity budgets, confusing and killing wildlife, and completely erasing our view of the stars...
Referenceshttp://legal-dictionary.thefreedictionary.com/Right+to+quiet+enjoyment
http://www.globallightingassociation.org/about
http://www.darksky.org/about-us/35-ida/outdoor-lighting/81-other-ordinances
http://www.forbes.com/sites/uciliawang/2014/09/10/bright-lights-big-profits
http://www.bloomberg.com/article/2014-07-30/aqpZy3CgvhnM.html
http://edison.rutgers.edu/yearofinno/nov13/MPup.jpg
http://en.wikipedia.org/wiki/U.S._Lighting_Energy_Policy
http://www.ledsmagazine.com/articles/2013/08/philips-recalls-99-000-led-lamps-for-shock-hazard.html
http://www.prnewswire.com/news-releases/led-light-bulbs-recalled-by-lighting-science-group-due-to-fire-hazard-198998301.html
http://www.knowproductliability.com/2014/07/product-recall-led-light-bulbs-recalled-due-to-injury-and-burn-hazards.shtml